As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing you are not happy with. If you are not sure about anything, just contact us.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are WHG Removals Ltd with the registered address at Manor Barn, Shelsley Beauchamp, WR6 6RE with email address firstname.lastname@example.org; telephone number 08000232363; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery location means the customer’s premises or other location where the goods are to be supplied, as set out in the order;
6. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order;
7. Durable medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for further reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored;
8. Order means the customer’s order of the Goods from the Supplier as submitted following the step by step process set out on the website;
10. Website means our website on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.
16. We may contact you by using email or other electronic communication methods and by post and you expressly agree to this.
Basics of Sale
17. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before the delivery of the Goods.
25. We will deliver the Goods, to the Delivery Location by the time or within agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
26. In case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to other remedies) treat the Contract at an end if:
· We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that the delivery on time was essential; or
· After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
27. If you treat the Contract at an end, we will promptly return all payments made under the Contract.
28. We do not generally deliver to addresses outside England. If, however, we accept an Order for delivery outside that area, you will be responsible for the delivery charges.
29. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
30. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
31. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
32. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
33. You do not own the Goods until we have received payment in full. If full payment is overdue or step occurs towards your bankruptcy, we can choose to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns and cancellation
34. You can withdrawal the Order by telling us before the Contract is made, if you wish to change your mind and without giving us a reason, and without incurring any liability.
35. This is a Distance Contract which has the cancellation rights set out below. These Cancellation Rights, however, do not apply, to a Contract for the following goods (with no others) in the following circumstances:
· Goods that are made to your specifications or are clearly personalised;
· Goods which are liable to deteriorate or expire rapidly.
Right to Cancel
36. Subject is stated in these Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.
37. The cancellation period will expire after 14 days from the day on which you, or a third party acquires physical possession of the Goods. In a Contract for the supply of Goods over time, the right to Cancel will be 14 days after the first delivery.
38. To exercise the Right to Cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision. I any event, you must be able to show clear evidence of when the cancellation was made.
39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period expired.
Effects of cancellation in the cancellation period
40. Except as set out below, if you cancel this Contract, we will reimburse to you payments for Goods received from you, excluding the delivery costs.
Deductions for Goods supplied
41. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
42. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 14 days after the day we received back from you all the Goods supplied.
43. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
44. In order to make the reimbursement you must provide your bank details for the reimbursement to be transferred on to your account.
45. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Manor Barn, Shelsley Beauchamp, WR6 6RE without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
Circumstances beyond the control of either party
46. In the event of any failure by a party because of something beyond its reasonable control:
· The party will advise the other party as soon as reasonably practicable; and
· The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
47. The Supplier is not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or loss to the Customer’s business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
48. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
49. Disputes can be submitted to the jurisdiction of the courts of England and Wales.
50. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customer should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.